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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100047
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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What is the statute of limitations claims court Alameda

Customer Question

What is the statute of limitations for small claims court Alameda county Ca.
Water damaged items from a faulty apt. sprinkler & non refund of rental deposit.
The check was written, but was cancelled when it was deposited.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. You have to clarify - was this a landlord/tenant matter, or were you a contractor called to fix the leak? Etc. What actually happened? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 7 months ago.
Landlord/tenant.
Expert:  Ely replied 7 months ago.
Thank you.
For a claim of money being owed, the statute of limitation is FOUR YEARS under CALIFORNIA CODE OF CIVIL PROCEDURE § 337 et seq.
However if the claim is for damage to property, then the statute of limitations is THREE YEARS under CALIFORNIA CODE OF CIVIL PROCEDURE § 338.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 7 months ago.
My friend who is unfortunately in jail at the moment was living in an apt. The sprinkler went off in the early morning hours. His shady landlord told him to write an itemized list and he would pay him. He said he wanted to do this rather than go through the insurance company. My friend decided to move out of the apt. The landlord wrote him a check for the damaged items and the deposit for the apt. When the check was deposited, it did not clear as the check was cancelled by the landlord, My friend who ended up in jail asked me to contact the landlord, and he has not returned calls or responded to my letter.
Expert:  Ely replied 7 months ago.
Thank you. I am not sure if you saw that I amended the answer to include: "However if the claim is for damage to property, then the statute of limitations is THREE YEARS under CALIFORNIA CODE OF CIVIL PROCEDURE § 338." Anyhow, you cannot represent your friend in Court. Your friend has to file themselves (from jail, which would transport him there on day of hearing) or use an attorney. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 7 months ago.
I spoke with an attorney with free legal advice for Alameda county, and she said the information you provided was incorrect. The statute of limitations for the scenario I described is actually 2 years.
Expert:  Ely replied 7 months ago.
That is for an oral contract (Ca. Civ. Proc. §339). So if the lease was verbal, then 2 year statute of limitations may apply. Otherwise, it is four years for a written contract, and three years for damage to property. You can see yourself HERE make whatever decision you want. All the best.

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